Abuse Of Discretion (Standard Of Review)

12,259 Florida cases classified under this topic, plus 1,650 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Denton v. MR. Swiss OF Mo., Inc.
  564 F.2d 236· 8th Cir.· 1977-10-07 ·cited 26×
  The court held that the district court did not abuse its discretion in dismissing the antitrust count due to flagrant noncompliance with discovery orders, but improperly granted summary judgment on the counterclaim without a proper motion or hearing.
• Collins v. B. F. Goodrich Co.
  558 F.2d 908· 8th Cir.· 1977-07-28 ·cited 26×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court did not err in excluding experimental test results or in instructing the jury on assumption of risk, as the plaintiff's own actions in overinflating the tire caused his injury.
• Douglas v. Arneda Eiriksson
  347 So. 2d 1074· Fla. 1st DCA· 1977-06-30 ·cited 26×
  The Douglases appealed the trial court's denial of their motion to dismiss for lack of prosecution under Florida Rule of Civil Procedure 1.420(e). The court affirmed the denial, holding that the trial court did not abuse its discretion in allowing the case to proceed, resulting i
• Valley View Cattle Co. v. Iowa Beef Processors, Inc.
  548 F.2d 1219· 5th Cir.· 1977-03-18 ·cited 26×
  The court held that there was sufficient evidence for the jury to find that Heller acted as IBP's agent, and that the trial court did not abuse its discretion in denying IBP's motion for a new trial.
• United States v. Taylor
  542 F.2d 1023· 8th Cir.· 1976-10-20 ·cited 26×·via Abuse Of Discretion Standard For Continuance
  The court held that the district court did not abuse its discretion in denying a continuance for late disclosure of informant information, nor in refusing to order production of government witnesses' criminal records.
• The W. Union Tel. Co. v. Fed. Commc'ns Comm'n & United States
  541 F.2d 346· 3d Cir.· 1976-07-28 ·cited 26×
  The court held that the FCC acted within its statutory authority in concluding that exchange of facilities contracts did not cover FX and CCSA services, and that Western Union waived contract rights for domestic satellite service by accepting its authorization.
• Blass v. Blass
  316 So. 2d 308· Fla. 3d DCA· 1975-07-22 ·cited 26×
  In this consolidated dissolution of marriage appeal, the Florida District Court of Appeal reviewed a divorce judgment and attorney's fee award. The court struck down a provision making the ex-wife an irrevocable beneficiary of the ex-husband's life insurance policies as improper
• Brennan v. Occupational Safety & Health Review Comm'n & John J. Gordon Co.
  492 F.2d 1027· 2d Cir.· 1974-02-25 ·cited 26×
  The court held that the Occupational Safety and Health Review Commission (OSHRC) abused its discretion by reversing the Administrative Law Judge's (ALJ) decision to reopen the hearing to consider evidence of the employer's engagement in interstate commerce.
• Hillsborough Cnty. v. Sapp
  280 So. 2d 443· Fla.· 1973-07-11 ·cited 26×
  The court held that a reviewing court should not substitute its judgment for that of the condemning authority when there is competent substantial evidence supporting the trial court's finding of no abuse of discretion.
• Hollis Mills v. State
  280 So. 2d 35· Fla. 3d DCA· 1973-07-10 ·cited 26×·via Abuse Of Discretion Standard For Continuance
  The court held that the trial court did not abuse its discretion in denying continuances and that sufficient evidence supported the conviction.
• United States v. Ellsworth
  481 F.2d 864· 9th Cir.· 1973-06-15 ·cited 26×·via Abuse Of Discretion Standard For Severance
  The court held that the trial court did not abuse its discretion in denying severance motions, admitting co-conspirator statements, or in its rulings on the scope of cross-examination and disclosure of exculpatory evidence. The evidence was sufficient to sustain the convictions.
• Donner v. Donner
  281 So. 2d 399· Fla. 3d DCA· 1973-06-05 ·cited 26×
  A trial court abuses its discretion in awarding attorney's fees in a dissolution of marriage action when the fee, calculated on an hourly basis without distinction for the varying complexity and skill required of different work performed, results in an excessive rate per hour not
• Int'l Bus. Machs. Corp. v. United States
  471 F.2d 507· 2d Cir.· 1972-12-19 ·cited 26×
  The court held that an order compelling production of documents, which conflicts with a prior order from another district court protecting privilege, is immediately appealable under 28 U.S.C. § 1291 and reviewable by extraordinary writ under 28 U.S.C. § 1651.
• United States v. Rosenthal
  470 F.2d 837· 2d Cir.· 1972-12-11 ·cited 26×·via Abuse Of Discretion Standard For Continuance
  The court held that the evidence was sufficient to support the jury's verdict of tax evasion, and that the district court did not err in denying the defendant's motions for a continuance or in allowing him to proceed pro se.
• Irmgard S. Gerstle v. Cont'l Airlines, Inc.
  466 F.2d 1374· 10th Cir.· 1972-10-02 ·cited 26×
  The trial court did not abuse its discretion in denying motions to join as parties plaintiff, as such intervention would unduly delay the adjudication of the original parties' rights.
• United States v. Baldivid
  465 F.2d 1277· 4th Cir.· 1972-08-21 ·cited 26×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that evidence of prior crimes was admissible to prove intent and knowledge, and that the value of the stolen property was sufficiently established for jurisdictional purposes.
• United States v. Marshall
  458 F.2d 446· 2d Cir.· 1972-03-23 ·cited 26×
  The trial court did not abuse its discretion in denying a competency hearing for Guglielmo, nor in refusing severance or mistrial motions for Marshall and Solina, as Guglielmo's disruptive behavior was predicted and deemed not substantially prejudicial to the other defendants.
• United States v. Carlo Mastrototaro
  455 F.2d 802· 4th Cir.· 1972-02-25 ·cited 26×
  The court held that the admission of testimony regarding prior criminal activities was not an abuse of discretion, as it was sufficiently linked to proving the appellant's knowledge and intent regarding the charged offense.
• United States v. Piepgrass
  425 F.2d 194· 9th Cir.· 1970-02-16 ·cited 26×·via Abuse Of Discretion Standard For Severance
  The court held that the evidence was insufficient to support Hofhines' conviction for conspiracy, but sufficient to support the convictions of Piepgrass and McCandless for conspiracy and related fraud charges.
• Chen v. Foley
  385 F.2d 929· 6th Cir.· 1967-12-08 ·cited 26×
  The court affirmed the Board of Immigration Appeals' denial of discretionary relief for adjustment of status, finding no abuse of discretion.
• Konstantinos Lena v. Immigr. & Naturalization Serv.
  379 F.2d 536· 7th Cir.· 1967-06-09 ·cited 26×
  The court held that the denial of a stay of deportation was not arbitrary or erroneous in law, as the Attorney General's discretion was not abused.
• Elton Ray Barnes and Bunchie White v. United States
  374 F.2d 126· 5th Cir.· 1967-02-28 ·cited 26×
  The court held that the trial court did not err in denying motions for severance, continuance, or in admitting evidence and confessions, affirming the convictions.
• Hughes v. United States
  371 F.2d 694· 8th Cir.· 1967-02-07 ·cited 26×
  The court held that the trial court did not abuse its discretion in denying the defendant's request to withdraw his guilty plea, and therefore affirmed the conviction.
• Miller v. Hon. Ben C. Connally
  354 F.2d 206· 5th Cir.· 1965-12-13 ·cited 26×
  The court held that the petition for a writ of mandamus or prohibition to transfer the case should be denied because the trial judge did not exceed his jurisdiction and no extraordinary circumstances warrant such relief.
• State v. Strickland
  172 So. 2d 260· Fla. 2d DCA· 1965-02-26 ·cited 26×
  The appellate court affirmed the trial court's decision to grant the defendant a new trial, holding that the state failed to demonstrate an abuse of discretion by the trial judge.
• Scholl v. Felmont OIL Corp.
  327 F.2d 697· 6th Cir.· 1964-02-22 ·cited 26×
  The court held that the denial of a continuance is not immediately appealable, and an agreed dismissal without prejudice is not an appealable order.
• Wooley v. Great Atl. & Pac. TEA Co.
  281 F.2d 78· 3d Cir.· 1960-07-20 ·cited 26×
  The court held that the trial court did not abuse its discretion in denying a motion for a new trial based on the inadequacy of the jury's verdict.
• Kal W. Lines v. Falstaff Brewing Co.
  233 F.2d 927· 9th Cir.· 1956-05-15 ·cited 26×
  The court held that a referee in bankruptcy has broad supervisory power over the election of a trustee and did not abuse discretion in refusing to count claims solicited by a creditors' committee with a potential conflict of interest.
• Kan. City Pub. Serv. Co. v. Shephard
  184 F.2d 945· 10th Cir.· 1950-10-27 ·cited 26×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the plaintiff's evidence was not so contrary to physical laws or established facts as to warrant overturning the trial court's finding of injury, nor was the plaintiff contributorily negligent as a matter of law.
• Fed. Trade Comm'n v. On Point Cap. P'rs LLC
  17 F.4th 1066· 11th Cir.· 2021-11-04 ·cited 25×
  The Federal Trade Commission challenged a preliminary injunction against On Point Capital Partners and related entities for allegedly deceiving consumers through websites that misrepresented government services and sold personal information, and the court upheld the injunction's
• United States v. Salomon E. Melgen
  967 F.3d 1250· 11th Cir.· 2020-07-31 ·cited 25×
  The court held that the district court did not err in its jury instructions on materiality, admitting summary charts, or denying a new trial, and that the sentence was reasonable.
• Fresh Results, LLC v. ASF Holland
  921 F.3d 1043· 11th Cir.· 2019-04-22 ·cited 25×
  The Eleventh Circuit held that the district court abused its discretion by failing to consider all relevant public factors and by committing two errors in its analysis of the private factors when dismissing the case on forum non conveniens grounds.
• Marlyn Tracey v. Wells Fargo Bank
  264 So. 3d 1152· Fla. 2d DCA· 2019-02-27 ·cited 25×
  Marlyn Tracey appeals a foreclosure judgment entered against her by Wells Fargo Bank. The Florida District Court of Appeal, Second District, held that the trial court abused its discretion by permitting Wells Fargo to amend its complaint during trial to include unpled loan modifi
• Cannon v. State
  180 So. 3d 1023· Fla.· 2015-09-24 ·cited 25×
  Marvin Cannon was convicted of first-degree murder, attempted first-degree murder, robbery, arson, and attempted robbery. The Florida Supreme Court affirmed his convictions and death sentence, finding sufficient evidence that Cannon orchestrated a violent attack on two men during
• Celebrity Cruises, Inc. v. Vicente J. Fernandes
  149 So. 3d 744· Fla. 3d DCA· 2014-11-05 ·cited 25×
  Celebrity Cruises appeals from a default judgment entered after its pleadings were stricken as a discovery sanction. The appellate court reverses, holding that the trial court violated due process by imposing the severe sanction of striking pleadings without notice, an opportunit
• Glaister v. Glaister
  137 So. 3d 513· Fla. 4th DCA· 2014-04-02 ·cited 25×
  A former wife appeals the trial court's adoption of a magistrate's report granting her ex-husband's petition for modification of child support. The appellate court reverses because the magistrate considered irrelevant evidence, granted relief not requested, took judicial notice i
• Gray v. Gray
  103 So. 3d 962· Fla. 1st DCA· 2012-12-17 ·cited 25×
  Former husband appeals a trial court's award of permanent periodic alimony to his former wife, challenging both the amount ($30,000 per month) and the court's refusal to impute income to the former wife. The appellate court reverses and remands, finding the judgment lacks suffici
• DeLUISE v. State
  72 So. 3d 248· Fla. 4th DCA· 2011-10-12 ·cited 25×
  Ralph DeLuise appeals his convictions for racketeering, conspiracy, fraud, and other offenses arising from a criminal enterprise that defrauded business owners seeking funding. The court affirmed most convictions but reversed one grand theft conviction as a double jeopardy violat
• PNC Bank, N.A. v. Progressive Emp'r Servs. II
  55 So. 3d 655· Fla. 4th DCA· 2011-02-16 ·cited 25×
  PNC Bank appealed a summary judgment in favor of Progressive Employer Services and related entities, who sought recovery of a $153,048.28 charge imposed for failing to provide the required ninety days' advance notice before early terminating a two-year credit agreement. The court
• Johnson v. State
  40 So. 3d 883· Fla. 4th DCA· 2010-07-21 ·cited 25×
  Kenneth Johnson was convicted of lewd or lascivious battery against a 13-year-old girl. The appellate court reversed his conviction and remanded for a new trial because the trial court erred by admitting evidence of the victim's suicide attempts, which was highly inflammatory and
• Elliott v. Aurora Loan Servs., LLC
  31 So. 3d 304· Fla. 4th DCA· 2010-04-07 ·cited 25×
  The Elliotts appealed a foreclosure judgment entered after their default was not vacated. The court reversed, finding the trial court abused its discretion in denying the motion to vacate default because the Elliotts demonstrated excusable neglect, a meritorious defense, and due
• Zupnik Haverland, L.L.C. v. Current Builders OF Fla., Inc.
  7 So. 3d 1132· Fla. 4th DCA· 2009-03-11 ·cited 25×
  The court held that the trial court did not abuse its discretion in excluding expert testimony and did not err in enforcing the construction lien, as it was timely filed and not willfully exaggerated.
• Yovall Augoshe v. Lehman
  962 So. 2d 398· Fla. 2d DCA· 2007-08-10 ·cited 25×
  In this family law appeal, the husband challenges the trial court's final judgment dissolving his marriage regarding child support, health insurance, life insurance requirements, and equitable distribution of marital assets. The appellate court affirms in part and reverses in par
• Walker v. Cash Register Auto Ins. OF Leon Cnty., Inc.
  946 So. 2d 66· Fla. 1st DCA· 2006-12-22 ·cited 25×
  Gabriel Dean Walker sued Cash Register Auto Insurance under 42 U.S.C. § 1981 claiming racial discrimination when denied restroom access for his young son. After losing at trial, Walker appealed an award of attorney's fees and costs to Cash Register. The appellate court affirmed f
• Docekal v. State
  929 So. 2d 1139· Fla. 5th DCA· 2006-06-02 ·cited 25×
  Rick Docekal was convicted of sexual battery after a sexual encounter with a coworker at a company convention. The Florida appellate court reversed and remanded for a new trial, holding that the trial court abused its discretion by limiting Docekal's cross-examination of the vict
• Kelly v. Kelly
  925 So. 2d 364· Fla. 5th DCA· 2006-03-03 ·cited 25×
  Laurie Kelly appeals from an attorney fee award of $3,901.50 in a dissolution proceeding, arguing she should receive full compensation for attorney fees and costs given the substantial disparity in post-dissolution financial circumstances between herself and her former husband Gr
• Richardson v. Richardson
  900 So. 2d 656· Fla. 2d DCA· 2005-04-01 ·cited 25×·via Abuse Of Discretion Standard For Continuance
  Edward Richardson appeals a divorce judgment awarding his ex-wife a portion of his FBI pension and requiring him to maintain life insurance to secure alimony. The court reverses and remands for a new trial because the trial court abused its discretion in denying his motion for a
• Santiago v. State
  889 So. 2d 200· Fla. 4th DCA· 2004-12-15 ·cited 25×·via Abuse Of Discretion Standard On Appeal
  Patrick Santiago appealed the revocation of his community control for domestic battery, leaving his approved residence without permission, and resisting arrest without violence. The court reversed the revocation on the first two counts due to insufficient non-hearsay evidence but
• Oates v. State
  872 So. 2d 351· Fla. 2d DCA· 2004-04-21 ·cited 25×
  Earl Cornelius Oates appeals the trial court's revocation of his probation for aggravated assault based on alleged violations of four probation conditions. The appellate court found that the State proved only two of the four violations and reversed, remanding for the trial court
• Cardoso v. FPB Bank
  879 So. 2d 1247· Fla. 3d DCA· 2004-04-21 ·cited 25×
  A defendant sued in his home forum of Miami-Dade County to enforce a personal guarantee on a loan sought dismissal under the forum non conveniens doctrine. The court affirmed the trial court's denial, holding that the forum selection clause in the loan documents was permissive ra